Intelligente juristische Informationen
 Deutschland | 1-800-335-6202

Prisoners of War (Brest Litowsk) Case

International Law Reports Cited in Precedent Map Related
Vincent
Date01 Febrero 1921
Docket NumberCase No. 300
CourtObsolete Court (Germany)
Germany, Reichsgericht in Criminal Matters.
Case No. 300
Prisoners of War (Brest Litowsk) Case.

Prisoners of War — Detention of — After Conclusion of Peace Treaty — Whether Preserving the Character of Prisoners of War.

The Facts.—The accused was, it seems,1 charged with having permitted the escape of some Russian prisoners of war entrusted to his custody. He was charged under § 121 of the German Criminal Code relating to the escape of prisoners generally. He pleaded, inter alia, that prisoners of war were not prisoners within the meaning of the Code, and alternatively, that he permitted them to escape after the Peace Treaty of Brest Litowsk was concluded (on 3 March, 1918).

Held, on final appeal on a point of law: That the conviction must stand.

(a) As prisoners are to be regarded all persons who in the public interest have been deprived of their personal freedom in accordance with the law and who are, as a result, in the power of the competent authority. This definition applies also to prisoners of war.

(b) The fact that the prisoners escaped after the conclusion of the Peace Treaty is irrelevant. According to Article 20 of the Fourth Hague Convention, prisoners of war ought to be sent home within the shortest possible period after the conclusion of the...

Um weiterzulesen

FORDERN SIE IHR PROBEABO AN

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT